Crimes against Persons

Question 1

What are the types of crimes against persons?

Answer 1

1. Assault
2. Reckless Endangerment
3. Homicide (2 Types)
   i. Murder
   ii. Manslaughter

Question 2

1. Assault

Answer 2

(1) An attempted battery (attempt to inflict bodily harm) OR (2) intentionally placing another in fear with reasonable apprehension of imminent bodily harm or death.

General Intent Crime 3 types of assault

1. 1st Degree Assault:
   *Requires great bodily harm (serious permanent disfigurement)
2. Assault by Omission:
   * Criminal Liability is premised upon D’s failure to act when there was a legal duty to act which can be through a statute or a relationship
3. Assault by a Deadly Weapon

Question 3

2. Reckless Endangerment

Answer 3

(1) D recklessly engages in conduct (2) that created a substantial risk of death or serious injury to another (3) and a reasonable person would not engage in such conduct.

Question 4

3. Homicide

Answer 4

One person’s act of killing another
*Common law: There is Murder, Manslaughter and Involuntary Manslaughter.

*MPC: There is Homicide and divided murder into 1st and 2nd degree, manslaughter and negligent homicide.

Question 5

Common Law Murder

Answer 5

(1) The unlawful killing of (2) a living person (3) with malice afterthought.

A. Mens rea of “Malice Afterthought” under common law describes diff. mental states of :
1. Intent to kill
2. Intent to cause serious bodily injury
3. Reckless disregard to human life (Depraved Heart)
4. If death results from the commission of another felony.

Question 6

Common Law Manslaughter

Answer 6

1. Voluntary Manslaughter:
   * (1) The intentional killing of a living person (2) in the heat of passion or intense emotional state by (3) an adequate provocation (4) before cooling-off period expires.
   * “Adequate Provocation”: Provocation is not adequate if it arises solely from D’s sensitivities. Hurtful words are insufficient.
2. Involuntary Manslaughter
   * Causing the death of another without malice afterthought;

Question 7

MPC Homicide

Answer 7

Causing the death of another purposly, knowingly, recklessly or negligently

Question 8

MPC 1st Degree Murder

Answer 8

(1) A killing (2) with malice afterthought (3) with premeditation.

*Premeditation: Though over the matter before hand but MORE than the instantaneous intentional act of taking another’s life.

*Factors for Premeditation:
1. Nature of the weapon
2. Lack of provocation
3. D’s conduct before and after the killing
4. D’s threats before and during the occurrence

Question 9

MPC 2nd Degree Murder

Answer 9

(1) Any killing (2) with malice afterthought (3) that does not qualify as 1st degree murder

*Not just recklessly, must prove extreme recklessness or knowingly or purposely

*NO premeditation

Question 10

MPC Felony Murder

Answer 10

A. if the killing occurs during the commission or attempt of committing a felony.

B. Regardless if there was malice afterthought or not.

C. The Merger Doctrine: Provides that the underlying felony must be different from the killing itself.

Question 11

MPC Negligent Homicide

Answer 11

(1) D fails to perceive (2) the substantial and unjustifiable risk that someone will die (3) due to their conduct.

There is also Vehicular Homicide.

Question 12

Defenses to Crimes against Persons

Answer 12

1. Self-Defense:
   * A person has a right to use reasonable force to defend herself against the imminent use of force by another person.
2. Insanity:
   *D has the burden of pleading and proving insanity.
3. Intervening Cause/ Factor:
   * A force may intervene between the time of D’s act and the result. It must be superseding and unforeseeable.
4. Law Enforcement Justification:
   *Officer or Private citizen may use
5. Reasonable and non deadly force to prevent a crime if reasonably believes that someone is committing or about to commit a felony/misdemeanor. OR
6. Deadly force if the actor reasonably believes someone is committing or about to commit a felony involving serious bodily injury or death